How do I protect a California probate estate from creditors?
The executor or administrator of a California probate estate has a duty to protect and preserve estate assets. Part of this duty involves deny or approving claims in the creditors claim procedure. This procedure requires creditors of the probate estate, that is anyone who claims the decedent owed them money before they died, to submit a claim by filing it with the California probate court in which the probate is being heard and mailing a copy of the claim to the executor of administrator. The failure to file a claim is a fatal defect if the creditor later files a lawsuit to recover its money. When a claim is filed the executor or administrator must approve the claim, deny the claim, or approve it in part and deny it in part. Of course, the claim should be shown to your probate lawyer so he can review it with you and help you decide how the claim should be treated. A claim should be denied if it is unfounded or if the creditor fails to provide any support for the claim. The California P
